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1
Integrated Regulation: Trinidad and
Tobago Dexter Boswell-Inniss28th Annual Canto Conference and Trade Exhibition
July 2012 | Miami
2
Presentation Contents
1. Overview of TATT • Instruments of Authorisation• Authorisation Framework• Regulatory Structure
2. Convergence and Resource Management
3. Overview of Broadband Market• Existing Concessionaires• Fixed Broadband Monthly Subscriptions
4. Major Regulatory Challenges
5. Proposed Legislative Amendments
6. Current Initiatives
3
Overview of TATT
Enabling Legislation: • Telecommunications Act 2001• as amended in 2004
‘Converged’ Jurisdiction: • Telecommunications• Spectrum• Broadcasting Content• Competition
Key Markets
Telecommunications Broadcasting
• Fixed Voice• Mobile• Internet• International• Wholesale Services
• Terrestrial Radio• Terrestrial Television• Cable Television• Satellite Television
Concessions Licences
Required for the operation of any public network or provision of
any public telecommunications
service.
Required when networks, services or equipment utilise
radio spectrum.
Not required for the operation/ provision of
any private/ closed user group network/ service.
Issued with concession where radio communication is part of any public network
or service.
Granted by the Minister based on
recommendations made by TATT.
Granted by TATT.
Instruments of Authorisation
Authorisation Framework
Concessions
Type 1 Network Only
Type 2 Network and Service
Type 3 Virtual Network & Service
Type 4
Type 5
Service Only
Broadcasting ServiceTerritorial Coverage
• National• Major Territorial• Minor Territorial• Niche
Licences
Spectrumthe exclusive assignment of spectrum which can be used and re-used within a specified service area.
Stationnon-exclusive assignment of spectrum, in accordance with specific technical operating parameters
Classgeneral authorisation for the use of specific radiocommunications devices (e.g. low-powered or low interference potential radiocommunications devices)
Regulatory Structure
Funding Mechanism
Concession Fees: Based on Authority’s projected budget for the financial year, proportioned by concessionaire’s revenue share of the respective market. Licence Fees: Based on the economic value of spectrum
Regulatory Tools• Provisions of the Act• Subsidiary Legislation: Regulations • Terms and Conditions of Concession Agreement• Terms of Licence
Enforcement Mechanisms
• Recommendation for suspension or termination of concession• Withdrawal or suspension of licence• Legal proceedings for breach/offence under the Act• Civil remedies for payment of arrears
Convergence and Resource Management
TATT has statutory oversight of numbers and spectrum, and has national plans for both resources
IP Addresses and related resources are managed by LACNIC (Internet Address Registry for Latin America and the Caribbean)covers 34 territories in Latin America and Caribbean region
Country top-level domain (.tt) is managed by TTNIC(Trinidad and Tobago Network Information Centre)
TATT is facilitating discussions with the recurrent registrar for the re-delegation of the .tt domain to the GORTT.
8
Overview of Market
Market Operational Concessionaires
Fixed wire-line TSTT, Flow, 360 Communications (3)
Mobile Digicel, bmobile (2)
Fixed Internet Green Dot, FLOW, TSTT, 360 Communications, Lisa Communications, Open Telecom, Illuminat, Airlink (8)
International CCTL, CNITL, Digicel, Green Dot, Lisa Communications, Open Telecom, TSTT, Three Sixty Communications , Southern Caribbean Fiber (9)
Subscription TV Green Dot, CCTL, DirecTV, ICNTT, TRICO, TSTT, RVR International, Computer Technologies and Services (8)
FTA Radio (37)
FTA TV ACTN, TV6, Gayelle, CNMG, CNC3, Synergy, WINTV, Parliament Channel (8)
TV via Cable IETV (1)
Existing Concessionaires
Fixed Broadband Monthly Subscription
Antigua a
nd Barbuda
Aruba
Baham
as
Barbad
os
Dominica
Dominican Rep
.
Grenad
a
Guyana
Jamaic
a
Netherl
ands A
ntilles
Puerto Rico
Saint K
itts and Nev
is
Saint L
ucia
St. Vincen
t and th
e Gren
adines
Surin
ame
Trinidad
and To
bago
0
10
20
30
40
50
60
$40 $39
$35
$40
$48
$19
$29
$19$22
$55
$25
$37
$29
$34
$43
$12
Fixe
d br
oadb
and
Inte
rnet
mon
thly
subs
crip
tion
(US$
)
Major Regulatory Challenges
1. Competition Regulation Competition Regulation for the telecommunications/broadcasting sector does not fall under the national competition regulator (Fair Trade Commission). The Authority has oversight over competition, with particular focus on:
• Detection and prevention of anti-competitive conduct• Detection and prevention of cross-subsidisation• Prevention of abuses of a dominant position
Key Issue: Current need to strengthen framework to• Explicitly extend oversight over broadcasting competition• Better address mergers and acquisitions in both sectors
Note: Issue of potential for cross-subsidisation increases in a converged environment
Major Regulatory Challenges
2. Compliance and Enforcement • Resource intensity of monitoring activities to ensure compliance
• Limited number of enforcement options currently available (currently no provisions for administrative penalties and punitive sanctions)
• Difficulties in addressing breaches quickly due to need for in-depth legal proceedings, which may be lengthy at times.
3. Legislative and Judicial • Dependence on regulations in order to enact key policy provisions
• Approvals and parliamentary timetabling may be lengthy at times
• Lengthy dispute resolution process, at times
Proposed Legislative Amendments
• Competition Powers - FTA did not include Telecom and
Broadcasting.
• Dispute Resolution – Set-up tribunal
• Administrative Penalties
• Enforcement of standards – improve powers of enforcement
Current Initiatives IXP
• TATT is currently involved in discussions with local ISPs to implement an IXP.
• Technical issues have been mostly resolved. Administrative arrangements are still being negotiated.
• Negotiations currently underway with ISC to deploy an F-Route server in Trinidad and Tobago at the new IXP location.
Universality Framework• Universality Regulations drafted. Approved by cabinet. To be submitted to
CPC and then to Parliament.
DTT cutover• TATT developed a Framework for Digital Terrestrial TV (DTT) broadcasting.
A DTT Working Group with stakeholders was established following which TATT will be implementing a process for the authorisation of DTT service providers.
Thank you
Please visit our website for further information on our regulatory framework and policies, as well as to access our annual and quarterly market reports.
www.tatt.org.tt
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